|
The Standing Committee of the National People’s Congress
Forest Law of the People’s Republic of China
Order No. 3 [1998] of President
(Adopted at the Seventh Meeting of the Standing Committee of the Sixth National People’s Congress on September 20, 1984 , Amended
in accordance with the Decision on the Revision of the Forest Law of the People’s Republic of China of the Second Meeting of the
Standing Committee of the Ninth National People’s Congress on April 29, 1998)
ContentsChapter I General Provisions
Chapter II Forest Management and Administration
Chapter III Forest Protection
Chapter IV Tree Planting and Afforestation
Chapter V Forest Felling
Chapter VI Legal Liability
Chapter VII Supplementary Provisions
Chapter I General Provisions
Article 1
This Law is enacted with a view to protecting, cultivating and rationally exploiting forest resources, accelerating territorial afforestation
and making use of forests in water storage and soil conservation, climate regulation, environmental improvement and supply of forest
products to meet the requirements of socialist construction and people’s livelihood.
Article 2
Engagement in activities of growing of saplings and planting, felling and exploitation of woods and forests, forests, woods and forest
land management and administration within the territory of the People’s Republic of China must abide by this Law.
Article 3
Forest resources belong to state ownership, excluding those specified under law belonging to collective ownership.
State-owned and collective-owned forests, woods and forest lands, individual-owned woods and individual-used forest lands shall be
registered by local people’s governments at or above the county level and rosters compiled and certificates issued confirming the
ownership or right to use. The State Council may authorize the competent department of forestry under the State Council to register
and compile rosters of forests, woods and forest lands of the key state-owned forest regions determined by the State Council, issue
certificates and notify the local people’s governments concerned.
Legitimate rights and interests of owners and users of forests, woods and forest lands are protected by law upon which no unit or
individual shall infringe.
Article 4
Forests are classified into the following five categories:
(1)
Shelter forests: forests, woods and clusters of bushes with protection as the main aim including water source conservation forests,
water and soil conservation forests, shelter forests against wind and for fixing sand, farmland and cattle farm shelter forests,
embankment protection forests and highway/railway protection forests;
(2)
Timber forests: forests and woods with timber production as the main aim including bamboo groves with production of bamboo materials
as the main aim;
(3)
Economic forests: woods with the production of fruits, edible oils, drinks, flavorings, industrial raw materials and medicinal materials
as the main aim;
(4)
Fuel forests: woods with the production of fuel as the main aim; and
(5)
Special-purpose forests: forests and woods with national defence, environmental protection and scientific experiments as the main
aim including national defence forests, experimental forests, mother tree forests, environmental protection forests, ornamental forests,
woods at ancient and historical sites and revolutionary memorial places and forests in nature reserves.
Article 5
Forestry construction pursues the policy of universal forest protection, afforestation in a big way, combination of felling and cultivation
and sustainable exploitation with afforestation as the basis.
Article 6
The State encourages scientific research in forestry, popularizes advanced forestry technology in upgrading the scientific and technical
level of forestry.
Article 7
The State protects the legitimate rights and interests of forest farmers, lightens forest farmers’ burden in accordance with law,
prohibits illegal collection of fees and fines from forest farmers and prohibits apportionment and compulsory fund-raising from forest
farmers.
The State protects the legitimate rights and interests of collectives and individuals in contractual afforestation. No unit or individual
shall infringe on the ownership over woods and other legitimate rights and interests the collectives and individuals have in contractual
afforestation in accordance with law.
Article 8
The State carries out the following protective measures with respect to forest resources:
(1)
practising quota forest felling, encouraging afforestation and closing hills and mountains to facilitate afforestation and expanding
forest coverage;
(2)
providing financial support or long-term loans to collectives and individuals for afforestation and facilitation of afforestation
in accordance with the relevant regulations of the state and local people’s governments;
(3)
encouraging comprehensive utilization of timber and economy in timber use, encouraging development and utilization of substitutes
for timber;
(4)
levying and collecting the sapling growing fee for the special purpose of afforestation and facilitation of afforestation;
(5)
departments of coal and paper making drawing a certain amount of fund on the basis of the production of coal, pulp paper and other
products for the special purpose of planting timber forests that will be used for mine timber and paper making; and
(6)
establishing the system of forestry funds.
The State establishes the forest ecological benefit compensation fund to be used for the planting, tending, protection and management
of the forest resources and woods for shelter forests and special-purpose forests either of which generate ecological benefit. The
forest ecological benefit compensation fund must be used for the said special purpose and must not be used for other purposes. Specific
measures shall be formulated by the State Council.
Article 9
The state and people’s governments of provinces and autonomous regions give more independent power and economic benefits to forestry
production and construction of nationality autonomous localities than to other general areas in forest development, timber allocation
and use of forest funds in accordance with the state provisions on autonomous power of nationality autonomous localities.
Article 10
The competent department of forestry under the State Council takes charge of the forestry work nationwide. The competent departments
of forestry of local people’s governments at or above the county level take charge of the forestry work within their respective areas.
People’s governments at the village level assign full-time or part-time personnel to be responsible for forestry work.
Article 11
Tree planting, afforestation and forest protection are the obligation that citizens should fulfil. People’s governments at all levels
should organize voluntary tree planting and afforestation by all citizens and carry out activities of tree planting and afforestation.
Article 12
Units or individuals that have scored remarkable achievements in tree planting and afforestation, forest protection, forest administration
and forestry scientific research shall be rewarded by people’s governments at all levels.
Chapter II Forest Management and Administration
Article 13
The competent departments of forestry at all levels carry out administration and supervision over protection, utilization and renewal
of forest resources pursuant to the provisions of this Law.
Article 14
The competent departments of forestry at all levels shall be responsible for the organization of forest resources survey and establishment
of resources archive system to monitor change in resources.
Article 15
The right of use of the following forests, woods and forest lands may be transferred in accordance with law. There can also be equity
participation in terms of evaluation or be treated as conditions of contribution and cooperation for joint venture, cooperative afforestation
and timber management. However, forest lands must not be turned into non-forest lands:
(1)
timber forests, economic forests and fuel forests;
(2)
the right of use of forest lands in timber forests, economic forests and fuel forests;
(3)
the right of use of forest lands in slashes of felling and burnt slashes of timber forests, economic forests and fuel forests; and
(4)
the right of use of other forests, woods and other forest lands specified by the State Council.
Where there is transfer and equity participation in terms of evaluation or those treated as conditions of contribution and cooperation
of joint venture, cooperative afforestation and timber management pursuant to the provisions of the preceding paragraph, the timber
felling permits obtained may be simultaneously transferred, meanwhile parties to the transfer must abide by the provisions of this
Law concerning forests, timber felling and renewal of afforestation.
Except for the circumstances specified in the first paragraph of this Article, the right of use of other forests, woods and other
forest lands must not be transferred.
Specific measures shall be formulated by the State Council.
Article 16
People’s governments at all levels should work out long-term forestry planning. State-owned forestry enterprises, institutions and
nature reserves should compile forest management schemes in accordance with the long-term forestry planning and submit them to the
competent department at the next higher level for approval and implementation thereupon.
The competent departments of forestry should guide rural collective economic organizations and state-owned farms, cattle farms and
industrial and mining enterprises in the compilation of forest management schemes.
Article 17
Disputes arising between units over timber and forest land ownership and the right of use shall be handled by people’s governments
at or above the county level according to law.
Disputes arising between individuals and between an individual and a unit over woods ownership and the right of use of forest lands
shall be handled by local people’s governments at the county level or at the village level according to law.
When a party refuses to accept the decision of the people’s government, he/she may bring a suit at a people’s court within one month
from the date of receipt of the notice.
Pending a settlement of the dispute over woods and forest land ownership, neither of the parties shall fell the woods in dispute.
Article 18
No forest land or less forest land should be occupied in exploration and mining of mineral resources and all construction projects;
where occupation or requisition of forest land is necessitated, formalities of examination and approval for land use for construction
shall be completed pursuant to laws and administrative regulations on land administration upon the examination, verification and
consent of the competent department of forestry of the people’s government at or above the county level and the land use unit shall
pay the forest vegetation restoration fee pursuant to the relevant provisions of the State Council. The forest vegetation restoration
fee shall be used for the specified purpose. Competent departments of forestry shall make unified arrangement for tree planting and
afforestation pursuant to relevant provisions and restore forest vegetation. The area of tree planting and afforestation shall not
be less than the area of forest vegetation reduced as a result of occupation and requisition of forest land. The competent department
of forestry at the next higher level should supervise, urge and inspect the competent department of forestry at the next lower level
at regular intervals in the organization of tree planting and afforestation and restoration of forest vegetation.
No unit or individual shall use the forest vegetation restoration fee for other purposes. Audit organs of people’s governments at
or above the county level should step up supervision over the use of the forest vegetation restoration fee.
Chapter III Forest Protection
Article 19
Local people’s governments at all levels should organize the departments concerned in the establishment of forest protection organizations
to be responsible for the work of forest protection; step up forest protection in the light of actual requirements in large-area
forest regions by building additional forest protection facilities; supervise and urge grass-roots units with forests and those in
forest regions to make a forest protection pledge, organize mass forest protection, delimit forest protection responsibility areas
and assign full-time or part-time forest guards.
Forest guards may be appointed by people’s governments at the county level or at the village level. Main responsibilities of a forest
guard are: to patrol and protect forest, and stop acts of destroying forest resources. A forest guard has the power to ask the local
department concerned to deal with whoever that has caused destruction of forest resources.
Article 20
Forest public security organs established in forest regions pursuant to relevant state provisions shall be responsible for the maintenance
of the social order under jurisdiction and for the protection of forest resources under jurisdiction and may, pursuant to the provisions
of this Law and within the authorized scope of the competent department of forestry under the State Council, exercise on its behalf
the power of administrative penalties specified in Articles 39, 42, 43 and 44 of this Law.
The Armed Forest Police Force performs the missions of prevention, extinguishment of forest fires and rescue operations assigned by
the state.
Article 21
Local people’s governments at all levels should earnestly carry out the work of prevention and extinguishment of forest fires and
rescue operations:
(1)
specifying forest fire prevention periods and banning field use of fire in a forest region during forest fire prevention periods;
in case of necessity of use of fire owing to extraordinary circumstances, it must be subjected to the approval of the people’s government
at the county level or the authorized organ of the people’s government at the county level;
(2)
installing fire prevention facilities in forest regions;
(3)
immediately organizing local army units, civilians and the departments concerned in fire extinguishment and rescue operations in the
event of a forest fire; and
(4)
with respect to those injured, disabled or deceased in extinguishment of a forest fire and rescue operations, workers and staff members
of the state shall be given medical treatment or pension for the deceased by the units wherein they are employed; non-state workers
and staff members shall be given medical treatment or pension for the deceased by the unit where the fire broke out pursuant to the
provisions of the competent department concerned under the State Council; where the unit where the fire broke out bears no responsibility
for the outbreak of the fire or has no actual ability to bear the burden, the local people’s government shall provide the medical
treatment and pension for the deceased.
Article 22
The competent departments of forestry at all levels shall be responsible for the organization of the work of prevention and control
of forest plant diseases and insect pests.
The competent departments of forestry shall be responsible for determining the objects of quarantine among nursery stocks of woods,
delimiting quarantine areas and protective areas and carrying out quarantine of nursery stocks of woods.
Article 23
Destruction of forest for reclamation and destruction of forest for quarrying, sand gathering and earth gathering as well as other
acts of forest destruction are prohibited.
Cutting of firewood and grazing in young forest lands and special-purpose forests are prohibited.
Personnel entering forests and the fringe areas of forests must not shift or damage marks set up in the service of forestry without
authorization.
Article 24
The competent department of forestry under the State Council and people’s governments of the provinces, autonomous regions and municipalities
directly under the Central Government should delimit nature reserves and step up protection and administration in typical forest
ecological regions, forest regions wherein rare and precious animals and plants grow and breed (multiply), natural tropical rain
forest regions and other natural forest regions with special value of protection in different natural belts.
Measures for the administration of nature reserves shall be worked out by the competent department of forestry under the State Council
which shall come into force upon submission to the State Council for approval.
Serious protection should be given to rare and precious trees outside nature reserves and plant resources with special value in forest
regions; no felling or gathering thereof shall be made without the approval of the competent departments of forestry of the provinces,
autonomous regions and municipalities directly under the Central Government.
Article 25
Hunting and catching of wild animals under state protection in forest regions are prohibited; where hunting and catching are necessitated
for special requirements, they shall be handled pursuant to relevant state provisions.
Chapter IV Tree Planting and Afforestation
Article 26
People’s governments at all levels should work out planning for tree planting and afforestation and determine the goals to be striven
for in raising forest coverage of the respective areas in the light of local conditions.
People’s governments at all levels should organize all trades and professions and rural and urban inhabitants in the fulfillment of
tasks set in the planning for tree planting and afforestation.
On barren hills and waste lands suitable for afforestation that belong to the state, afforestation shall be organized by the competent
departments of forestry and other competent departments; on those belonging to collectives, afforestation shall be organized by collective
economic organizations.
Afforestation shall be organized by the competent departments concerned in the light of local conditions on either side of railways,
highways, on either banks of rivers and on the rim of lakes and reservoirs; on land under use by industrial and mining areas, organs
and schools, armed forces barracks as well as areas managed by farms, cattle farms and fish farms, afforestation shall be the responsibility
of the said units.
State-owned and collective-owned barren hills and waste lands suitable for afforestation may be contracted out to collectives or individuals
for afforestation.
Article 27
Woods planted by state-owned enterprises and institutions, organs, societies and armed forces shall be managed by the units that have
planted them and gains from the woods shall be budgeted pursuant to state provisions.
Woods planted by a unit of collective ownership shall belong to the said unit.
Trees planted by rural inhabitants at the front and back of their farm houses, on plots of land for personal needs and plots on hills
for personal needs belong to the said individuals. Trees planted by urban and township inhabitants, workers and staff members in
the courtyards of their own houses belong to the said individuals.
For state-owned and collective-owned barren hills and waste lands suitable for afforestation contracted out to collectives or individuals
for afforestation, the trees planted after contracting belong to the contracting collectives or individuals; provisions of the contract
shall be adhered to in case of separate provisions in the contract.
Article 28
Local people’s governments shall organize closure of mountains and hills for afforestation in newly-planted young forest lands and
other places that necessitate the closure of mountains and hills for afforestation.
Chapter V Forest Felling
Article 29
The State strictly controls the annual rate of forest felling in accordance with the principle that the rate of consumption is lower
than the rate of growth. Annual quotas for felling shall be worked out by state-owned forestry enterprises and institutions, farms,
factories and mines as units with respect to the state-owned forests and woods and by counties as units with respect to collective-owned
forests and woods and individually-owned woods which shall be collected and consolidated by the competent departments of forestry
of the provinces, autonomous regions and municipalities directly under the Central Government and submitted to the State Council
for approval upon examination and verification by people’s governments at the corresponding level.
Article 30
The State formulates a unified annual timber production plan. The annual timber production plan must not exceed the approved annual
quota for felling. The scope of plan control shall be specified by the State Council.
Article 31
The following provisions must be abided by in the felling of forests and woods:
(1)
For mature timber forests the modes of selective felling, total felling or gradual felling should be employed in the light of different
conditions. Total felling shall be strictly controlled and renewed afforestation shall be completed within the same year of felling
or the following year.
(2)
Only felling in the nature of tending and renewal is permitted in shelter forests and such special-purpose forests as national defence
forests, mother tree forests, environmental protection forests and ornamental forests.
(3)
Felling is strictly prohibited in such special-purpose forests as woods at ancient and historic sites and revolutionary memorial places
and forests in nature reserves.
Article 32
Anyone who intends to fell timber must apply for a felling permit and the felling must be carried out pursuant to the provisions of
the permit; but rural inhabitants who intend to fell scattered trees owned individually by themselves and growing on plots of land
for their personal needs or at the front and back of their farm houses are excluded.
For timber felling by state-owned forestry enterprises and institutions, organs, societies, armed units, schools and other state-owned
enterprises and institutions, the felling permits shall be issued, upon examination and verification, by the competent departments
of forestry at or above the county level of the locality where they are located pursuant to relevant provisions.
For renewal felling of railway and highway protection forests and urban and township trees, the felling permits shall be issued, upon
examination and verification, by the competent departments concerned pursuant to relevant provisions.
For timber felling by rural collective economic organizations, the felling permits shall be issued, upon examination and verification,
by the competent departments of forestry at the county level pursuant to relevant provisions.
For the felling of trees on plots of hills or mountains for personal needs by rural inhabitants and collective woods contracted out
to individuals, the felling permits shall be issued, upon examination and verification, by the competent departments of forestry
at the county level or the village or township people’s governments entrusted by them pursuant to relevant provisions.
Provisions of the afore-said paragraphs apply to the felling of bamboo groves with production of bamboo materials as the main aim.
Article 33
Departments in charge of examination, verification and issuance of felling permits must not issue felling permits beyond the approved
annual felling quotas.
Article 34
State-owned forestry enterprises and institutions must, in applying for felling permits, present documents on survey and design of
the felling area. Other units must, in applying for felling permits, present documents on the purpose, location, forest type, forest
status, area, retained area, mode of felling and renewal measures relating to the felling.
A felling permit issuing department has the power to withdraw the felling permit from a unit that fails to conform to provisions in
felling operations and suspend its felling operations until a rectification has been made.
Article 35
Timber felling units or individuals must, pursuant to the area, number of trees, species of trees and time period specified in the
felling permits, complete the tasks of renewal and afforestation. The area of renewal and afforestation and number of trees to be
planted anew must not be less than the felling area and number of trees already felled.
Article 36
Control measures for the management and supervision of timber in forest regions shall be formulated separately by the State Council.
Article 37
A transport permit issued by the competent departments of forestry shall be required for transporting timber out of a forest region,
except for the timber unifiedly allocated by the state.
The competent departments of forestry should issue transport permits for the transportation out of the forest regions of the timber
felled pursuant to the provisions of the felling permits obtained in accordance with law.
With the approval of the people’s governments of the provinces, autonomous regions and municipalities directly under the Central Government,
timber inspection stations may be set up in forest regions to be responsible for the inspection of timber transportation. Timber
inspection stations have the power to stop the timber transportation without obtainment of transport permits or allocation notices
issued by the competent departments of materials.
Article 38
The State prohibits and restricts the export of rare and precious trees and their products and derivatives. The catalogue and annual
restricted export volume of rare and precious trees and their products and derivatives, the export of which is prohibited or restricted,
shall be worked out by the competent department of forestry under the State Council in conjunction with the departments concerned
under the State Council and submitted to the State Council for approval.
Whoever intends to export rare and precious trees or their products and derivatives, the export of which is restricted as specified
in the preceding paragraph, must go through the examination and verification of the competent departments of forestry under the people’s
governments of the provinces, autonomous regions and municipalities directly under the Central Government wherein the exporter is
located, and then report to the competent department of forestry under the State Council for approval. The customs gives clearance
on the strength of the approval document of the competent department of forestry under the State Council. For the import and export
of those trees or their products and derivatives, which are among the endangered species and the import and export of which is restricted
by an international convention to which China has acceded, an application for an import or export permit must be filed at the state
import-export control agency for endangered species and the customs gives clearance on the strength of the import or export permit.
Chapter VI Legal Liability
Article 39
Whoever engages in pirate felling of forest or other trees shall compensate for the losses incurred in accordance with law; the offender
shall be ordered by the competent department of forestry to plant ten times the number of trees piratically felled, confiscated of
the trees piratically felled or the gains from the sales of trees piratically felled, and concurrently imposed a fine of more than
three times and less than ten times the value of the trees piratically felled.
Whoever engages in indiscriminate felling of forest or other trees shall be ordered by the competent department of forestry to plant
five times the number of trees indiscriminately felled and concurrently imposed a fine of more than twice and less than five times
the value of the trees indiscriminately felled.
If the offender refuses to plant trees or fails to conform to relevant state provisions in planting trees, the competent department
of forestry shall do it on his/her behalf and the expenses required be paid by him/her.
Whoever piratically fells or indiscriminately fells forest or other trees shall, if a crime has been constituted, be investigated
of the criminal liability according to law.
Article 40
Whoever illegally fells or destroys rare and precious trees in violation of the provisions of this Law shall be investigated of criminal
liability according to law.
Article 41
Whoever issues timber felling permits beyond the approved annual felling quotas, or issues timber felling permits, timber transport
permits, export approval documents or import or export permits beyond authority in violation of the provisions of this Law shall
be ordered by the competent department of forestry of the people’s government at the next higher level to make a rectification; the
person-in-charge held directly responsible and other personnel directly responsible shall be imposed administrative sanctions according
to law; in case of failure in enforcing rectification by the competent department of forestry of the people’s government concerned,
the competent department of forestry under the State Council may handle the case directly; where a crime has been constituted, criminal
liability shall be investigated according to law.
Article 42
Whoever engages in buying and selling of timber felling permits, timber transport permits, export approval documents and import or
export permits in violation of the provisions of this Law shall be confiscated of the permits or documents illegally bought or sold
and the illegal gains, and concurrently imposed a fine of more than 100% and less than three times the amount of price of the permits
or documents illegally bought or sold; where a crime has been constituted, criminal liability shall be investigated according to
law.
Whoever forges timber felling permits, timber transport permits, export approval documents and import or export permits shall be investigated
of criminal liability according to law.
Article 43
Whoever illegally purchases timber that he/she clearly knows was piratically felled or indiscriminately felled in forest regions shall
be ordered by the competent department of forestry to stop the illegal acts, confiscated of the timber piratically felled or indiscriminately
felled and illegally purchased or the gains from the sales thereof, and may be concurrently imposed a fine of more than 100% and
less than three times the amount of the price of the timber illegally purchased; where a crime has been constituted, criminal liability
shall be investigated according to law.
Article 44
Whoever, in violation of the provisions of this Law, engages in reclamation, quarrying, sand gathering, earth gathering, seed collection,
resin collection and other activities resulting in the destruction of forests and woods shall compensate for the losses incurred
according to law; the offender shall be ordered by the competent department of forestry to stop the illegal acts, to plant more than
100% and less than three times the number of the trees destroyed, and may be imposed a fine of more than 100% and less than five
times the value of the trees destroyed.
Whoever, in violation of the provisions of this Law, cuts firewood or grazes cattle in young forest lands or special-purpose forests
resulting in the destru
| Category |
GEOLOGY, MINERAL RESOURCES AND ENERGY INDUSTRY |
Organ of Promulgation |
The State Council |
Status of Effect |
In Force |
| Date of Promulgation |
1998-02-12 |
Effective Date |
1998-02-12 |
|
|
|
Measures for the Registration Administration of Mineral Resources Exploitation |
(Promulgated by Decree No. 241 of the State Council of the People’s
Republic of China on February 12, 1998)
Article 1 These Measures are formulated in accordance with the
Mineral Resources Law of the People’s Republic of China with a view to
strengthening the administration of mineral resources exploitation,
protecting the lawful rights and interests of persons with mining right,
maintaining order in mineral resources exploitation and promoting the
development of the mining industry.
Article 2 These Measures must be adhered to in the exploitation of mineral resources within the territory of the People’s Republic
of China
and other sea areas under its jurisdiction.
Article 3 Exploitation of the following mineral resources shall be
subject to the examination, approval and registration of the competent
department of geology and mineral resources under the State Council and
issuance of mining permits:
(1)mineral resources within the state-planned mining areas and the
mining areas of essential value to the national economy;
(2)mineral resources within the territorial waters and other sea areas
under China’s jurisdiction;
(3)mineral resources the exploitation of which are undertaken by foreign
business investment; and
(4)mineral resources listed in the Appendix to these Measures.
Whoever exploits petroleum and natural gas mineral resources shall, upon
the examination and consent of the organ designated by the State Council,
be registered by the competent department of geology and mineral resources
under the State Council and issued a mining permit.
Whoever exploits the following mineral resources shall be subject to the
examination, approval and registration of the competent departments of
geology and mineral resources of people’s governments of the provinces,
autonomous regions and municipalities directly under the Central Government
and issuance of mining permits by them:
(1)mineral resources other than those specified in the First Paragraph
and Second Paragraph of this Article the mineral reserve of which is above
the medium scale; and
(2)mineral resources the examination, approval and registration of which
by the competent departments of geology and mineral resources of people’s
governments of the provinces, autonomous regions and municipalities directly
under the Central Government have been authorized by the competent department
of geology and mineral resources under the State Council.
Whoever exploits the mineral resources other than those specified in the
First Paragraph, Second Paragraph and Third Paragraph of this Article shall
be subject to the examination, approval and registration of the departments
responsible for the administration of geology and mineral resources of local
people’s governments at or above the county level and issuance of mining
permits by them pursuant to the measures for administration formulated by
the standing committees of people’s congresses of the provinces, autonomous
regions and municipalities directly under the Central Government.
In case of the scope of a mining area stretching beyond the administrative
areas at or above the county level, it shall be subject to the examination,
approval and registration of the joint registration administration organ at
the next higher level of the administrative areas involved and the issuance of a mining permit by it.
Departments responsible for the administration of geology and mineral
resources of local people’s governments at or above the county level should,
upon examination, approval and issuance of permits, report level by level to
the departments responsible for the administration of geology and mineral
resources of people’s governments at the next higher level for the record.
Article 4 An applicant for mining right should, prior to the filing of an apllication for mining right, apply to the registration
administration
organ for the delimitation of the scope of the mining area on the basis of the approved report of geological survey on the reserves.
In case of necessity of application for the listing of the project and
establishment of a mining enterprise, relevant formalities should be completed
pursuant to state provisions on the basis of the delimited scope of the
mining area.
Article 5 An applicant for mining right should, in applying for the
processing of a mining permit, present the following materials to the
registration administration organ:
(1)a letter of application for registration and a map of the scope of the mining area;
(2)certificate of the human quality of the applicant for mining right;
(3)development and exploitation scheme for the mineral resources;
(4)approval document for the establishment of a mining enterprise in
accordance with law;
(5)report on the evaluation of environmental impact of exploitation of the mineral resources; and
(6)other materials the presentation of which are prescribed by the
competent department of geology and mineral resources under the State Council.
Approval documents of the competent departments concerned under the State
Council should be presented as well for applications for the exploitation of mineral resources within the state-planned mining areas
or mining areas
which are of essential value to the national economy and specific mineral
categories of which the State practises protective exploitation.
An applicant for the exploitation of petroleum and natural gas should
as well present the approval document of the State Council approving the
establishment of a petroleum company or approving the exploitation of petroleum and natural gas and certificate of corporate capacity
of the
mining enterprise.
Article 6 The registration administration organ should, within 40 days
from the date of receipt of an application, make a decision on the approval
for registration or no registration and inform the applicant for mining right.
In case of necessity for the applicant for mining right to revise or
supplement the materials specified in Article 5 of these Measures, the
registration administration organ should notify the applicant for mining
right to make the revision or supplement within the specified time period.
An applicant for mining right should, when approved for registration,
within 30 days from the receipt of the notice, pay the mining right user’s
fee pursuant to the provisions of Article 9 of these Measures and pay the
mining right purchase price formed by state-contributed exploration and
survey pursuant to the provisions of Article 10 of these Measures, go through
the formalities of registration, obtain a mining permit and become a person
with mining right.
In case of no registration, the registration administration organ
should explain the reasons to the applicant for mining right.
Article 7 The validity of a mining permit shall be determined according
to the scale of construction of the mine; the maximum validity of a mining
permit for a big-size mine and above shall be 30 years; the maximum validity
of a mining permit for a medium-size mine shall be 20 years; the maximum
validity of a mining permit for a small-size mine shall be 10 years. In case
of necessity of continuing exploitation on expiry of the validity of the
mining permit, a person with mining right should, 30 days prior to the expiry
of the validity of the mining permit, go through formalities of extention at
the registration administration organ.
A person with mining right who fails to complete the formalities of extension on expiry, his/her mining permit
shall be automatically annulled.
Article 8 The registration administration organ should, upon issuance of a mining permit, inform the people’s government concerned
at the county level
of the locality wherein the scope of the mining area is located. The county-
level people’s government concerned should, within 90 days from the date of receipt of the notice, make an announcement on the scope
of the mining area,
and may, in accordance with the application of a person with mining right,
organize the installation of boundary markers or installation of ground
markers.
Article 9 The State practises the system of paid-for obtainment of mining right. The mining right user’s fee shall be paid on a
yearly basis
according to the area of the scope of a mining area. The rate shall be
RMB 1,000 Yuan per square kilometer per year.
Article 10 An applicant for mining right should, in applying for mining
right for mineral areas the exploration and survey of which are contributed by
the state and the reserve has been ascertained, pay the mining right purchase
price formed by state-contributed exploration and survey confirmed upon
appraisal as well in addition to the payment of the mining right user’s fee
pursuant to the provisions of Article 9 of these Measures; the mining right
purchase price may, pursuant to relevant state provisions, either be paid in
lump sum or in installments.
Appraisal of the mining right purchase price formed by state-contributed
exploration and survey shall be carried out by appraisal agencies certified
by the competent department of geology and mineral resources under the State
Council in conjunction with the department of state-owned assets management
under the State Council; the appraisal results shall be confirmed by the
department of geology and mineral resources under the State Council.
Article 11 The mining right user’s fee and the mining right purchase
price formed by state-contributed exploration and survey shall be collected
by registration administration organs and integrated into state budget
management in total. Specific measures for their management and use shall
be worked out by the competent department of geology and mineral resources
under the State Council in conjunction with the department of finance and
the competent department of planning under the State Council.
Article 12 A person with mining right may file an application and enjoy
reduction of or exemption from payment of the mining right user’s fee or
the mining right purchase price subject to the examination and approval of the registration administration organ of people’s government
at or above the
provincial level pursuant to the measures for the reduction and exemption of the mining right user’s fee and the mining right purchase
price formulated by
the competent department of geology and mineral resources under the State
Council in conjunction with the department of finance under the State Council
in the event of any of the following circumstances:
(1)exploitation of mineral resources in border regions, remote regions
and poor regions;
(2)exploitation of mineral categories that the State is in urgent demand
or shortage;
(3)serious losses or suspension of production of a mining enterprise
resulting from natural disasters or other causes of force majeure; and
(4)other circumstances specified by the competent department of geology
and mineral resources under the State Council and the department of finance
under the State Council.
Article 13 Mining right may be obtaianed with a payment in the form of invitation to tender and bidding.
Registration administration organs shall, pursuant to the terms of reference of the provisions of Article
3 of these Measures, determine the
scope of mining areas for invitation to tender, publish a tender notice and
set forth bidding requirements and the date of termination; however, the
scope of mining areas for invitation to tender from abroad shall be
determined by the competent department of geology and mineral resources
under the State Council.
Registration administration organs shall organize evaluation of the
biddings and determine the winning bidder following the principle of selection
on merit. The winning bidder shall, upon payment of fees specified in Articles
9 and 10 of these Measures, go through the formalities of registration,
obtain a mining permit, become a person with mining right and fulfil the
obilgations undertaken in the tender.
Article 14 The registration administration organ should conduct
supervision and inspection in accordance with law with respect to the
rational development and exploitation of mineral resources, environmental
protection and other legal obligations that should be fulfilled by persons
with mining right within its respective administrative area. Persons with
mining right should truthfully report the relevant information and present
annual reports.
Article 15 A person with mining right should, within the duration of validity of the mining permit, file an application for registration
of change(s) at the registration administration organ in the event of any of the following circumstances:
(1)change in the scope of a mining area;
(2)change in the exploitation of main mineral categories;
(3)change in the mode of exploitation;
(4)change in the name of a mining enterprise; and
(5)transfer of the mining right approved according to law.
Article 16 In case of suspension of operations or closure of a mine
within the duration of validity or on expiry of the mining permit, a person
with mining permit should, within 30 days from the date of decision on the
suspension of operations or closure of the mine, apply to the original permit
issuing authority for going through the formalities of nullification of the
registration.
Article 17 Any unit or individual that engages in mining without
authorization and obtainment of a mining permit, or enters a state-planned
mining area and the scope of a mining area of essential value to the national
economy for mining without authorization, or exploit without authorization
specific mineral categories under protective exploitation prescribed by the
state, or engages in mining beyond the approved scope of the mining area
shall be penalized pursuant to the provisions of relevant laws and
regulations.
Article 18 Whoever fails to present the annual report pursuant to the
provisions of these Measures, refuses to accept supervision and inspection
or practises fraud shall be ordered to stop the illegal acts, administered
a warning and may concurrently be imposed a fine of less than RMB 50,000 Yuan
by the department responsible for the administration of geology and mineral
resources of people’s government at or above the county level pursuant to
the terms of reference prescribed by the competent department of geology and
mineral resources under the State Council; where the circumstances are
serious, the mining permit shall be revoked by the original permit issuing
authority.
Article 19 Whoever damages or shifts without authorization boundary
markers or ground markers delimiting the scope of a mining area shall be
ordered to make the restoration within the specified time period by the
department responsible for the administration of geology and mineral resources
of people’s government at or above the county level pursuant to the terms of reference prescribed by the competent department of
geology and mineral
resources under the State Council; where the circumstances are serious,
a fine of less than RMB 30,000 Yuan shall be imposed.
Article 20 Whoever engages in printing or forgery and infringement of mining permits without authorization shall be confisticated
of the illegal
gains and may concurrently be imposed a fine of less than RMB 100,000 Yuan
by the department responsible for the administration of geology and mineral
resources of people’s government at or above the county level pursuant to
the terms of reference prescribed by the competent department of geology and
mineral resources under the State Council; where a crime has been constituted,
criminal liability shall be investigated according to law.
Article 21 Whoever fails to pay the payable fees specified in these
Measures on time in violation of the provisions of these Measures shall be
ordered by the registration administration organ to effect the payment within
the specified time period, and an additional 0.2% of delaying payment per day
shall be charged from the date of delayed payment; whoever still fails to
effect the payment on expiry of the specified time period shall be revoked
of the mining permit by the original permit issuing authority.
Article 22 Whoever fails to go through the formalities of registering
the change(s) in the mining permit or nullification of the registration
in violation of the provisions of these Measures, shall be ordered by the
registration administration organ to make a rectification within the
specified time period; whoever fails to make a rectification on expiry of the specified time period, the mining permit shall be revoked
by the original
permit issuing authority.
Article 23 Whoever engages in exploitation of petroleum and natural gas
mineral resources in violation of the provisions of these Measures shall be
imposed administrative penalties by the competent department of geology and
mineral resources under the State Council pursuant to the relevant provisions
of these Measures.
Article 24 A person with mining right whose mining permit has been
revoked must not re-apply for mining right within two years from the date
of revocation of the mining permit.
Article 25 Any functionary of the registration administration organs
who indulges in self-seeking misconducts, abuses power and neglects duties
constituting a crime shall be investigated of criminal liability according to
law; where a crime has not been constituted, administrative sanctions shall be
imposed according to law.
Article 26 Mining permits shall be uniformly printed by the competent
department of geology and mineral resources under the State Council. Formats
of the letter of application for registration, the letter of application for
registering the change(s) and the letter of application for the nullification
of registration shall be uniformly determined by the competent department of geology and mineral resources under the State Council.
Article 27 A registration fee shall be paid pursuant to provisions in
going through the formalities of registration for mining. The rates and
measures for their management and use shall be determined and worked out
by the competent department of price control under the State Council in
conjunction with the competent department of geology and mineral resources
and the department of finance under the State Council.
Article 28 Exploitation of mineral resources by foreign business
investment shall be handled pursuant to the provisions of these Measures;
where laws and regualtions have separate specific provisions, those provisions
shall prevail.
Article 29 In case of Sino-foreign cooperative exploitation of mineral
resources, the cooperator on the Chinese side should, prior to the conclusion
of a contract, submit such materials as the scope of the mining area for
cooperation, mineral categories for exploitation and the scheme of
development and utilization to the original permit issuing authority
for reverification and opinions to be signed thereon; upon conclusion of the
contract, it shall be put on record at the original permit issuing authority.
Article 30 For those who have already obtained the mining permits prior
to the implementation of these Measures, the competent department of geology
and mineral resources under the State Council shall unifiedly organize the
exchange for the obtainment of new mining permits.
Mining enterprises established prior to the implementation of these
Measures should start to pay the mining right user’s fee from the date of implementation of these Measures and may apply for reduction
of or exemption
from payment pursuant to the provisions of these Measures.
Article 31 Registration administration organs should make announcements
on the mining permits issued and the mining permits revoked.
Article 32 The scope of a mining area referred to in these Measures
means the solid space area of the scope for exploitation of mineral resources,
the scope of distribution of parallel?? tunnel engineering facilities or the
scope of strip mining delimited by registration administration organs
according to law.
The modes of exploitation referred to in these Measures mean underground
mining or strip mining.
Article 33 Revision of the Appendix to these Measures shall be published
by the competent department of geology and mineral resources under the State
Council upon submission to the State Council for approval.
Article 34 These Measures shall enter into force as of the date of promulgation. The Interim Measures for Mining Registration Administration
of Mining Enterprises under Ownership by the Whole People promulgated by
the State Council on April 29, 1987 and Decision of the State Council on
the Revision of the Interim Measures for Mining Registration Administration
of Mining Enterprises under Ownership by the Whole People on November 22, 1990
are simultaneously superseded.
Appendix:Catalog of Mineral Categories Subject to the Examination,
Approval and Issuance of Permits by the Competent Department of Geology
and Mineral Resources under the State Council:
1 coal 13 chronium 25 rare earth
2 petroleum 14 cobalt 26 phosphorus
3 oil shale 15 iron 27 potassium
4 hydrocarbon natural gas 16 copper 28 sulfur
5 carbon dioxide gas 17 lead 29 strontium
6 coal rake gas 18 zinc 30 diamond
7 geothermal energy 19 aluminium 31 niobium
8 radioactive minerals 20 nickel 32 tantalum
9 gold 21 tungsten 33 asbestos
10 silver 22 tin 34 mineral water
11 platinum 23 antimony
12 manganese 24 molybdenum
| 